Richard Davis' "Constitutional Challenge," against the State of Arizona and the Federal Government for the Right to possess as property, plant, grow, harvest, sell and consume (as food, medicine, sacrament and recreationally), Cannabis Sativa and its seed and all Extracts thereof.



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CLOSING REMARKS

In closing, I would like to thank the court and spotlight the words of Justice Kevanaugh, People vs. Sinclair, 387 Mich.91; 194 N.W.2d 878 (1972). He argued that the criminalization of marijuana was unconstitutional as "an impermissible intrusion upon the fundamental rights to life, liberty and the pursuit of happiness and...unwarranted interference with the right to possess and use private property."
He stated as a constitutional principle that "an individual is free to do whatever he pleases, so long as he does not interfere with the right of his neighbor or society," and did not believe that "Big Brother," can dictate in the name of public health what one consumes in private.

The defendant asks the court at this juncture to remember the inter relatedness of the above arguments. Cannabis Sativa is an agricultural crop and it must be allowed access to the free market to accommodate the amount of medicine and biomass required. Cannabis farmers of all forms and purposes must not be intimidated by a police state.
It is the responsibility of the court to recognize Cannabis as a right of the people. By usurping Cannabis rights through prohibition, the U.S. Government has caused untold constitutional damage, untold pain and suffering, untold environmental damage and erosion of national security by depleting our forests and our oil reserves, and by participating in fossil oil wars. We ask the court to rule that Cannabis belongs to the defendant as property, and all the people of the world, an inalienable right. And to dismiss the charges against him.

END

 

RESPECTFULLY SUBMITTED this 19th day of June, 1997.

Richard M. Davis
Attorney Pro per
STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS BASED ON SECTION I, ARTICLE II, OF THE ARIZONA CONSTITUTION IN THE CASE:" STATE OF ARIZONA Vs. RICHARD M. DAVIS" COPIES of foregoing mailed this19th day of June,1997 to:

Clerk of the Court
Superior Court
222 East Javelina Drive
Mesa, Arizona 85210

The Honorable Brian Ishikawa
Judge of the Superior Court
222 East Javelina Drive
Mesa, Arizona 85210

David Flader
Maricopa County Attorney's Office
222 East Javelina Drive
Suite 200
Mesa, Arizona 85210

Michael Walz
Attorney at Law
45 W. Jefferson, Suite 412
Phoenix, Arizona 85003

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